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(영문) 대구지방법원 2018.11.22 2018고단4112
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:20 on September 8, 2018, the Defendant, at the main point of “D” located in Sinsan City, around 05:20, had a friendly fighting between the Defendant’s friendship and the Defendant’s friendship to smoke while drinking tobacco.

이에 그곳 손님인 피해자 E(22 세) 이 위 싸움을 말리고 있던 중, 담배를 피우고 주점으로 돌아온 피고인은 이를 보고 피해 자가 피고인의 친구들과 싸우는 것으로 생각하여 그곳 테이블 위에 있던 위험한 물건인 소주병을 손에 들고 피해자의 머리를 4회 내리치고, 발로 피해자의 얼굴을 1회 걷어찼다.

The Defendant continued to see the victim's hair, which is a dangerous thing that he had been at the same time, as his hand, and gets the head of the victim who was placed on the floor of the place, and gets the victim's face at a time, and sustained the victim's blood transfusion, which requires approximately four weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. 112 Reporting case handling table;

1. Investigation report (as to the statement of the emergency room of a victim, the statement of damage situations, the attachment of damaged photographs), photographs of damaged parts, investigation reports (as to the confirmation of CCTV images in the course of committing a crime by a suspect),CCTV caps, investigative reports (as to the confirmation of CCTV images) (as to police officers called out to the scene, flocopic photo of the victim) - flocop photographs

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order [the scope of recommended punishment] The scope of repeated crimes resulting in special injury (special injury) is mitigated (4 months to 1 year) (the person subject to special mitigation] (the decision of sentence] under the following circumstances: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed.

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